Legal Question in Family Law in Virginia
Ex-wife giving power of attorney to parents re. our child
My wife and I are divorced. We share custody of our 3 year old child. ex & child lives with her parents. (I think) I say this because, when I go to pick up my child, ex is not there, ever. There have been issues ranging from health ins.to birthdays that I need to discuss with her and I am not allowed to speak to her in person, the info is relayed via her parents. When I have insisted, I get a call a few hours later from the ex. ex-inlaws say that ex is signing a power of atty so they can deal with me about our child. My daughter now says things that lead me to believe that her mother is not in the house. What recourse do I have. An Ad litum was assigned to my child during a restraining order issue (dismissed.) Should I contact the ad-litum? I believe my childs mental health is at stake here since she always talks about a baby brother(my in laws deny it exists, but I have strong proof my ex had a child) Today, during our visit, she told me ''Shhh, if we're real quiet, mommy will come back.'' I am very worried about my daughter. What do you suggest?
3 Answers from Attorneys
Re: Ex-wife giving power of attorney to parents re. our child
You might wish to arrange a consultation with an attorney knowledgeable in family law issues to determine whether you might have grounds to initiate an action to modify the current custody arrangement so that you would have physical custody of your child rather than your former spouse.
Re: Ex-wife giving power of attorney to parents re. our child
You are right to be concerned. Your ex cannot assign her parental responsibilities to her parents or anyone else; only the court can do that.
If the guardian ad litem was a reasonable person to deal with, contacting him or her is a good idea. There may be information the GAL came accross in the course of the prior action that would shed some light on the current situation.
In any event, it is wise for you to consult counsel for assistance in how to proceed.
Re: Ex-wife giving power of attorney to parents re. our child
There really more questios raised than I can address at this time, but at a glance it looks like you need a local counsel pronto. It is my understanding that no parental responsibilities
can be delegated to an "Attorney In Fact". As to the guardian ad litem, it would appear that this judicial appointment applied only to the injunction issue which now appears to be closed.
But you should call that person.
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